Ga. Comp. R. & Regs. Department 550 — Registration of Trauma Scene Waste Management Practitioners

Chapter 550-1 Definitions

Ga. Comp. R. & Regs. r. 550-1-.01 Definitions {#sec-ga.-comp.-r.-regs.-r.-550-1-.01 omnilex-key=us-ga-regs-official--department-550--Ga. Comp. R. & Regs. r. 550-1-.01}

(1) "Pathogen" means a microorganism, including bacteria, viruses, rickettsiae, and parasites, or other agent, such as a proteinaceous infectious particle or prion, that can cause disease in humans.

(2) "Person" means: an individual; any corporate entity or form authorized by law, including any of its subsidiaries or affiliates; or any officer, director, board member, or employee of any corporate entity or form authorized by law.

(3) "Potentially infectious material" means material known or reasonably expected to contain a pathogen.

(4) "Regulated biomedical waste" means and includes the following:

(a) Biological waste, which includes blood and blood products, exudates, secretions, suctionings, and other body fluids which contain free liquids and cannot be or are not directly discarded into a municipal sewer system;

(b) Pathological waste, which includes all recognizable human tissues and body parts except teeth; and

(c) Sharps, which include any discarded article that may cause punctures or cuts including, but not limited to, items such as needles, IV tubing and syringes with needles attached, and scalpel blades.

(5) "Trauma scene" means a location soiled by or contaminated with potentially infectious material or regulated biomedical waste due to the occurrence of a homicide or suicide, or the occurrence of a death of a human being in which there is advanced decomposition of the body; provided, however, that this term shall not include the scene of a motor vehicle accident or locations which are subject to the laws and regulations of the federal Occupational Safety and Health Administration.

(6) "Trauma scene waste" means potentially infectious material or regulated biomedical waste that has been removed, is to be removed, or is in the process of being removed from a trauma scene.

(7) "Trauma scene waste management practitioner" means the owner of any interest in a commercial enterprise for the cleanup or removal of trauma scene waste and who is registered with the Secretary of State pursuant to this chapter.

History

• Authority: O.C.G.A. §§ 43-46A-1, 43-46A-1
• History. Original Rule entitled "Definitions" adopted. F. Mar. 2, 2021; eff. Mar. 22, 2021.

Chapter 550-2 Initial Registration

Ga. Comp. R. & Regs. r. 550-2-.01 Application for Registration {#sec-ga.-comp.-r.-regs.-r.-550-2-.01 omnilex-key=us-ga-regs-official--department-550--Ga. Comp. R. & Regs. r. 550-2-.01}

(1) Unless otherwise exempt by O.C.G.A. §43-46A or these Rules, no person or company may operate as a trauma scene waste management practitioner without being registered with the Department.

(2) To obtain a registration from the Department, applicants must submit:

(a) the Department approved application form which will include the address of the established place of business where documents shall be maintained and inspections can be performed;

(b) the fee as prescribed by O.C.G.A. §43-46A;

(c) a fingerprint-based background check by the Georgia Crime Information Center and Federal Bureau of Investigation must be submitted by each owner of a company.

1. No person who is currently serving a sentence of incarceration or probation for any felony under the laws of this state or any other state or the federal government shall be issued a trauma scene waste management practitioner registration.

(d) proof of liability insurance coverage in the amount of at least $100,000.00 for each occurrence for the trauma scene waste management practitioner, his or her employees, and each independent contractor of such trauma scene waste management practitioner who performs trauma scene waste management services.

1. Such proof shall be provided to the Department as necessary to demonstrate continuance of coverage during the entire registration period.

(e) proof of a valid generation and transportation permit from the Environmental Protection Division of the Department of Natural Resources for the provision of trauma scene waste management services or shall submit an affidavit that the registrant contracts with an entity which has such permit and proof of that entity's permit.

(f) proof of all current certifications held by practitioner in the removal and disposal of regulated biomedical waste or proof of all current certifications held by any contractor used by the practitioner for the provision of trauma scene waste management services.

(g) a bond executed with a surety company duly authorized to do business in Georgia and payable to the Governor for the use and benefit of any person who is harmed by such trauma scene waste practitioner, his or her employee, or an independent contractor of such trauma scene waste management practitioner in the performance of trauma scene waste management services.

1. The bond shall be in the amount of $25,000.00 and shall run concurrent with the registration period.

2. The bond shall be submitted on a Department-approved form.

History

• Authority: O.C.G.A. §§ 43-46A-2, 43-46A-4
• History. Original Rule entitled "Application for Registration" adopted. F. Mar. 2, 2021; eff. Mar. 22, 2021.

Ga. Comp. R. & Regs. r. 550-2-.02 Applications for Military Spouses and Transitioning Service Members {#sec-ga.-comp.-r.-regs.-r.-550-2-.02 omnilex-key=us-ga-regs-official--department-550--Ga. Comp. R. & Regs. r. 550-2-.02}

1. As used in this rule, the following terms shall mean:

a) "Military" means the United States armed forces, including the National Guard.

b) Military spouse" means a spouse of a service member or transitioning service member.

c) "Service member" means an active or reserve member of the armed forces, including the National Guard.

d) "Transitioning service member" means a member of the military on active duty status or on separation leave who is within 24 months of retirement or 12 months of separation.

2. Notwithstanding any other provisions of law, a professional licensing board or other board shall issue an expedited license by endorsement to any individual that:

a) Is a spouse of a service member or transitioning service member stationed within this state;

b) Holds a current license to practice such occupation or profession issued by another state for which the training, experience, and testing are substantially similar in qualifications and scope to the requirements under this state to obtain a license;

c) Is in good standing in such other state; and

d) Passes any examination that may only be required to demonstrate knowledge of the laws and rules and regulations of this state specific to the practice of the profession, business, or trade for which such expedited license by endorsement is being sought.

History

• Authority: O.C.G.A. §§ 43-1-34, 43-1-34.1
• History. Original Rule entitled "Applications for Military Spouses and Transitioning Service Members" adopted. F. Mar. 2, 2021; eff. Mar. 22, 2021.
• Amended: F. Apr. 21, 2021; eff. May 11, 2021.

Ga. Comp. R. & Regs. r. 550-2-.03 Emergency Permits {#sec-ga.-comp.-r.-regs.-r.-550-2-.03 omnilex-key=us-ga-regs-official--department-550--Ga. Comp. R. & Regs. r. 550-2-.03}

In the event of a declared public health emergency or a state of emergency, the Department shall be authorized to issue temporary registrations to operate as trauma scene waste management practitioners under such limiting conditions as the Department deems appropriate under such circumstances. Such temporary registrations shall terminate at a time specified by the Department.

History

• Authority: O.C.G.A. § 43-46A-8
• History. Original Rule entitled "Emergency Permits" adopted. F. Mar. 2, 2021; eff. Mar. 22, 2021.

Chapter 550-3 Renewal and Reinstatement

Ga. Comp. R. & Regs. r. 550-3-.01 Renewal {#sec-ga.-comp.-r.-regs.-r.-550-3-.01 omnilex-key=us-ga-regs-official--department-550--Ga. Comp. R. & Regs. r. 550-3-.01}

(1) Registrations with the Department shall be valid for three years from the date of issuance.

(2) Registrations that are not renewed in accordance with the renewal schedule and Department rules are automatically revoked by operation of law.

(3) To renew, each registrant must submit all of the following:

(a) a completed renewal application on the Department-approved form;

(b) the fee as prescribed by O.C.G.A. §43-46A;

(c) a fingerprint-based background check by the Georgia Crime Information Center and Federal Bureau of Investigation must be submitted by each owner of a company.

1. No person who is currently serving a sentence of incarceration or probation for any felony under the laws of this state or any other state or the federal government shall be issued a trauma scene waste management practitioner registration.

(d) proof of liability insurance coverage in the amount of at least $100,000.00 for each occurrence for the trauma scene waste management practitioner, his or her employees, and each independent contractor of such trauma scene waste management practitioner who performs trauma scene waste management services.

1. Such proof shall be provided to the Department as necessary to demonstrate continuation of coverage throughout the registration period.

(e) a bond executed with a surety company duly authorized to do business in Georgia and payable to the Governor for the use and benefit of any person who is harmed by such trauma scene waste practitioner, his or her employee, or an independent contractor of such trauma scene waste management practitioner in the performance of trauma scene waste management services.

1. The bond shall be in the amount of $25,000.00 and shall run concurrent with the registration period.

2. The bond shall be submitted on a Department-approved form.

(f) Proof of a valid generation and transportation permit from the Environmental Protection Division of the Department of Natural Resources for the provision of trauma scene waste management services or submission of an affidavit that registrant contracts with an entity which has such permit and proof of that entity's permit.

(g) Proof of all current certifications held by such practitioner in the removal and disposal of regulated biomedical waste and proof of all current certifications held by any contractor used by the practitioner for the provision of trauma scene waste management services.

History

• Authority: O.C.G.A. §§ 43-46A-2, 43-46A-4
• History. Original Rule entitled "Renewal" adopted. F. Mar. 2, 2021; eff. Mar. 22, 2021.

Ga. Comp. R. & Regs. r. 550-3-.02 Reinstatement {#sec-ga.-comp.-r.-regs.-r.-550-3-.02 omnilex-key=us-ga-regs-official--department-550--Ga. Comp. R. & Regs. r. 550-3-.02}

(1) To reinstate a lapsed registration, each registrant must submit all of the following:

(a) A completed reinstatement application on the Department-approved form;

(b) The fee as prescribed by the fee schedule;

(c) A fingerprint-based background check conducted by the Georgia Crime Information Center and Federal Bureau of Investigation on each owner of a company.

1. No person who is currently serving a sentence of incarceration or probation for any felony under the laws of this state or any other state or the federal government shall be issued a trauma scene waste management practitioner registration.

(d) Proof of liability insurance coverage in the amount of at least $100,000.00 for each occurrence for the trauma scene waste management practitioner, his or her employees, and each independent contractor of such trauma scene waste management practitioner who performs trauma scene waste management services.

1. Such proof shall be provided to the Department as necessary to demonstrate continued coverage through the registration period.

(e) submit to the Secretary of State a bond executed with a surety company duly authorized to do business in Georgia and payable to the Governor for the use and benefit of any person who is harmed by such trauma scene waste practitioner, his or her employee, or an independent contractor of such trauma scene waste management practitioner in the performance of trauma scene waste management services.

1. The bond shall be in the amount of $25,000.00 and shall run concurrent with the registration period.

2. The bond shall be submitted on a Department-approved form

(f) Proof of a valid generation and transportation permit from the Environmental Protection Division of the Department of Natural Resources for the provision of trauma scene waste management services or submission of an affidavit that registrant contracts with an entity which has such permit and proof of that entity's permit.

(g) Proof of all current certifications held by such practitioner in the removal and disposal of regulated biomedical waste or proof of all current certifications held by any contractor in the removal and disposal of regulated biomedical waste used by the practitioner for the provision of trauma scene waste management services.

(2) Reinstatement shall be at the discretion of the Department.

History

• Authority: O.C.G.A. §§ 43-46A-2, 43-46A-4
• History. Original Rule entitled "Reinstatement" adopted. F. Mar. 2, 2021; eff. Mar. 22, 2021.

Chapter 550-4 Maintaining Requirements

Ga. Comp. R. & Regs. r. 550-4-.01 Maintaining Requirements {#sec-ga.-comp.-r.-regs.-r.-550-4-.01 omnilex-key=us-ga-regs-official--department-550--Ga. Comp. R. & Regs. r. 550-4-.01}

(1) No trauma scene waste management practitioner or insurance carrier shall cancel, or cause to be canceled, a liability insurance policy issued pursuant to these rules unless the Department is informed in writing by a certified letter at least 30 days prior to the proposed cancellation.

(a) If the trauma scene waste management practitioner or insurance carrier cancels the liability insurance policy and the registrant fails to submit, within ten days of the effective date of the cancellation, a new liability insurance policy that meets the requirements of these rules, the Department shall revoke the registration.

(2) No trauma scene waste management practitioner or insurance carrier shall cancel, or cause to be canceled, a bond issued pursuant to these unless the Department is informed in writing by a certified letter at least 30 days prior to the proposed cancellation.

(a) If the trauma scene waste management practitioner or surety cancels the bond and the registrant fails to submit, within ten days of the effective date of the cancellation, a new bond that meets the requirements of these rules, the Department shall revoke the registration.

History

• Authority: O.C.G.A. § 43-46A-4
• History. Original Rule entitled "Maintaining Requirements" adopted. F. Mar. 2, 2021; eff. Mar. 22, 2021.

Chapter 550-5 Exemptions

Ga. Comp. R. & Regs. r. 550-5-.01 Exemptions {#sec-ga.-comp.-r.-regs.-r.-550-5-.01 omnilex-key=us-ga-regs-official--department-550--Ga. Comp. R. & Regs. r. 550-5-.01}

(1) These rules shall not apply to:

(a) a medical practice or medical facility or a subsidiary thereof that is subject to the laws and regulations of the federal Occupational Safety and Health Administration.

(b) the cleanup of property owned by a person by such person.

(c) the gratuitous cleanup, removal, or remediation of trauma scene waste performed for the owner of any property by individuals who are not doing so as part of a commercial enterprise for the cleanup or removal of trauma scene waste, including, but not limited to, individuals who are family, friends, or neighbors of such owner; provided, however, that nothing shall prevent such owner from offering such individuals a gratuity at his or her election.

(2) An employee or independent contractor operating under a registered practitioner is not required to be independently registered. However, the registered practitioner shall be responsible and liable for the acts of any employee or independent contractor practicing under the registration.

History

• Authority: O.C.G.A. §§ 43-46A-4, 43-46A-5, 43-46A-10
• History. Original Rule entitled "Exemptions" adopted. F. Mar. 2, 2021; eff. Mar. 22, 2021.

Chapter 550-6 Professional Conduct

Ga. Comp. R. & Regs. r. 550-6-.01 Professional Conduct {#sec-ga.-comp.-r.-regs.-r.-550-6-.01 omnilex-key=us-ga-regs-official--department-550--Ga. Comp. R. & Regs. r. 550-6-.01}

(1) Prior to beginning the cleanup, removal, or remediation of trauma scene waste, a registrant shall provide the individual requesting such services with a good faith estimate of the expected costs of such services.

(2) Each trauma scene waste management practitioner shall be responsible and liable for the acts of his or her employees and any independent contractor of such trauma scene waste management practitioner in the performance of trauma scene waste management services.

History

• Authority: O.C.G.A. §§ 43-46A-6, 43-46A-4
• History. Original Rule entitled "Professional Conduct" adopted. F. Mar. 2, 2021; eff. Mar. 22, 2021.

Chapter 550-7 Causes for Disciplinary Action

Ga. Comp. R. & Regs. r. 550-7-.01 Causes for Disciplinary Action {#sec-ga.-comp.-r.-regs.-r.-550-7-.01 omnilex-key=us-ga-regs-official--department-550--Ga. Comp. R. & Regs. r. 550-7-.01}

(1) The Professional Licensing Boards Division of the Secretary of State shall have the authority to refuse to grant a registration and to revoke or discipline a registrant, upon a finding an applicant or registrant has:

(a) Failed to demonstrate the qualifications or standards for a registration contained in the laws, rules, or regulations under which registration is sought or held; it shall be incumbent upon the applicant to demonstrate that the applicant meets all the requirements for the issuance of a registration.

(b) Knowingly made misleading, deceptive, untrue, or fraudulent representations in the practice of a business or profession licensed or registered under Title 43 or on any document connected therewith; practiced fraud or deceit or intentionally made any false statement in obtaining a license or registration to practice the licensed or registered business or profession; or made a false statement or deceptive registration;

(c) Been convicted of any felony or of any crime involving moral turpitude in the courts of this state or any other state, territory, or country or in the courts of the United States; as used in this Rule, "felony" shall include any offense which, if committed in this state, would be deemed a felony, without regard to its designation elsewhere; and, as used in this Rule, the term "conviction" shall include a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been sought;

(d) Been arrested, charged, and sentenced for the commission of any felony, or any crime involving moral turpitude, when:

1. A sentence for such offense was imposed pursuant to Article 3 of Chapter 8 of Title 42 or another state's first offender laws;

2. A sentence for such offense was imposed pursuant to subsection (a) or (c) of Code Section 16-13-2 ;

3. A sentence for such offense was imposed as a result of a plea of nolo contendere; or

4. An adjudication of guilt or sentence was otherwise withheld or not entered on the charge.

(2) Had a license or registration to practice a business or profession licensed or registered under Title 43 revoked, suspended, annulled, or disciplined by any lawful licensing authority; was denied a license or registration by any lawful licensing authority pursuant to disciplinary proceedings; or was refused the renewal of a license or registration by any lawful licensing authority pursuant to disciplinary proceedings;

(3) Engaged in any unprofessional, immoral, unethical, deceptive, or deleterious conduct or practice harmful to the public that materially affects the fitness of the licensee, registrant, or applicant to practice a business or profession licensed or registered under Title 43 or is of a nature likely to jeopardize the interest of the public; such conduct or practice need not have resulted in actual injury to any person or be directly related to the practice of the licensed or registered business or profession but shows that the licensee, registrant, or applicant has committed any act or omission which is indicative of bad moral character or untrustworthiness. Such conduct or practice shall also include any departure from, or the failure to conform to, the minimal reasonable standards of acceptable and prevailing practice of the business or profession licensed or registered under this Title 43;

(4) Knowingly performed any act which in any way aids, assists, procures, advises, or encourages any unlicensed or unregistered person or any licensee or registrant whose license or registration has been suspended or revoked by a lawful licensing authority to practice a business or profession licensed or registered under this Title or to practice outside the scope of any disciplinary limitation placed upon the licensee or registrant by the board or Department;

(5) Violated a statute, law, or any rule or regulation of this state, any other state, a lawful licensing authority regulating the business or profession licensed or registered under this Title 43, the United States, or any other lawful authority without regard to whether the violation is criminally punishable when such statute, law, or rule or regulation relates to or in part regulates the practice of a business or profession licensed or registered under this Title 43 and when the licensee, registrant, or applicant knows or should know that such action violates such statute, law, or rule; or violated a lawful order of the board or Department previously entered by the board or Department in a disciplinary hearing, consent decree, or license or registration reinstatement;

(6) Been adjudged mentally incompetent by a court of competent jurisdiction within or outside this state; any such adjudication shall automatically suspend the license or registration of any such person and shall prevent the reissuance or renewal of any license or registration so suspended for so long as the adjudication of incompetence is in effect;

(7) Displayed an inability to practice a business or profession registered under Title 43 with reasonable skill and safety to the public or has become unable to practice the licensed or registered business or profession with reasonable skill and safety to the public by reason of illness or the use of alcohol, drugs, narcotics, chemicals, or any other type of material; or

(8) Failed to comply with an order for child support as defined by Code Section 19-11-9.3 ; it shall be incumbent upon the applicant, registrant, or licensee to supply a notice of release to the board or Department from the child support agency within the Department of Human Services indicating that the applicant, registrant, or licensee has come into compliance with an order for child support so that a license or registration may be issued or granted if all other conditions for licensure are met.

(e) An order is not a proceeding or enforcement action pursuant to Chapter 13 of Title 50.

History

• Authority: O.C.G.A. § 43-1-19
• History. Original Rule entitled "Causes for Disciplinary Action" adopted. F. Mar. 2, 2021; eff. Mar. 22, 2021.